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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: August 06, 2014 + CRL.A. 335/2014 STATE ..... Appellant Represented by: Ms.Aashaa Tiwari, APP
Insp.R.K.Jha and SI Sushil Kumar,
Karawal Nagar
versus
SABIR ..... Respondent Represented by: Mr.Nasimuddin, Advocate with
Mohd.Shadab Abbasi, Advocate
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J. (Oral)
1. It is settled law that the presumption of innocence in favour of an accused is reinforced by an order of acquittal and in appeal unless it is shown that the view taken by the learned Trial Judge is perverse and not sustainable on the evidence led at the trial, the Appellate Court would not set aside the verdict of innocence.
2. With the aforesaid legal principle in mine we note that the respondent faced a trial for having raped Baby 'T', aged 7 years when the respondent allegedly raped her on August 15, 2010. She deposed in Court on August 18, 2011 when she was aged 8 years.
3. Baby 'T' deposed that on August 15, 2010 she was flying a kite on the roof of her house at 2:00 PM and the accused Sabir, to whom she
Crl.A.No.335/2014 Page 1 of 5 referred to as Chacha, calle